HomeMy WebLinkAbout3006
NAIN ROAD-STATE: ROAD
SOUTMOLD, L.I., N.Y. 119'71
TELEPHONE (516 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. ~3006~
Application Dated June 17, 1982
TO:
Vera Gretchyn Marino, Esq.
One Denton Road
Kings Point, NY 11024
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on~c-lY/~.7~ 17,
a~u th~ =~tmon lnumuau=d below was taken
the above appeal was considered, ~ - ~'~ ' ~: ....
on your [Xi Request for Variance Due to Lack of Access to Property
New York Town Law~ Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
The public hearing on this matter was held on July 8, 1982.
Upon application of VERA GRETCHYN MARINO, One Denton Road~ Kings
Point, NY 11024 for a Variance for Approval o~ Access, New York Town Law,
Section 280A, over a private right-of-way located off Soundview Avenue
and referred to as "Hyatt Road - Private Road No~. 18," Southold. Loca-
tion of Property: 1925 Private Road No. 18, Southotd, NY; bounded
north by Neslage and Private Road; west by Lindmeyer; south by L.I. Sound;
easm by Reise; County Tax Map Parcel No. 1000-50-1-20.
On motion by Mr. Goehringer , seconded by Mr. Grigonis, zt was
RESOLVED, that the following determination is hereby adopted concern-
ing the application of VE_~A GRETCHYN MARINO in Appeal No. 3006:
Based upon evidence and statements made by Howard Terry, past Building
Inspector of the Town of Southold, this has been considered an "Open Develop
men~ Area" established by the Town Board on Dece~er 19, 1957 and from which
building permits have been issued in the past, no action is required.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis~ and Sawicki.
~e~ were: Messrs. Doyen and Douglass.)
RECEIVED AND FILED BY
THE SOUTHOLD TOV~-N CLE~. l(
Town Clerk. Town of Southold
DATED: July 17, 1982
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
MAIN R~3AD- ESTATE ~Rr3AD 2,5 ESDL!THOLD. L.I., N.Y. ]lCJ?l
TELEPHONE (516. 765-1809
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER CHAIRMAN
CHARLES GRIGONIS, JR,
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKi
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Provisions of %he Amended Code of the Town of Southold, the
following matters will be held for public hearing by the Southold
Town Board of Appeals at the Town Hall, Main Road, Southold, NY on
Thursday~ July 8, 1982 commencing at 7:30 p.m. and as follows:
7:30 p.m. Application of ANNETTE GOLDEN CAP~NES, 1445 Bay Shore
Road, Greenport, NY for a Variance to the Zoning Ordinance, Article
III, Sections 100-31 and 100-36 for approval of the construction of
swlmmingpool and.deck with insufficient side and rear yard setbacks
at 1445 Bayshore Road, ~reenport, NY; bounded north by Pipes Cove;
west by O'Brien; south by Bay Shore Road; east by Koehler; County Tax
Map Parcel No. 1000-53-4-4.
7:35 p.m. Application of ~NLARGARET DELLANNO, by Rensselaer G.
Terry~ Esq., Main Road, Southo!d, NY for a Variance to the Zoning
Ordinance, Article Iii, Section i00-30A & B for permlssion to use
preexisting touris~home altered to a three-apartment building for
use as ~ three-dwelling apartments in this A-Residential and
Agricultural Zone. Location of Property: 51255 County Road 48 and
50 Clark Road, Southold; bounded north by Corey; west by Clark Road;
south by C~R. 48; east by Aurichio; County Tax Map Parcel No. 1000-
135-2-7.1.
7:45 p.m. Application for HAROLD E. WALTERS, by Richard J.
Cron~ Esq., Main Road, Cutchogue, NY for a Variance to the Zoning
Ordinance, Article XI, Section 100-115 for approval of suitable
screening around the periphery of the existing junkyard located
at 400 Nokomis Road, Seuthold; more particularly known as County
Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing
Waters.
7:50 p.m. Application of G~ORGE H. AND BEVERLY G. BOEHLE,
Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordi-
nance, Article III, Section 100-31 for approval of insufficient
area and depth of two parcels located at Westview, Mayflowe.r and
Woodcliff Drives, Mattituck; bounded north by Westview Drive; west
by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by
~ayflower Road; County Tax Map Nos. 1000-107-8-24 and 11.
Agenda Page 2
Southo!d Town Board of Appeals
Regular Meeting of July 8, 1982
7:55 p.m. Application of PAUL AND BARBARA LEARY, 165 Second
Street, New Suffolk, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission ~o construct deck addition
with an insufficient sideyard setback (and rebuild existing steps)
at 165 Second Street, New Suffolk, NY; bounded north by Pugsley;
west by Martin; south by Brophy; east by Second Street; County Tax
Map Parcel No. 1000-117-10-20.5.
8:00 p.m. Application of WILLIAM E. AND PAUL A. TUITE, 1777
Harvard Avenue, Merrick, NY 11566 for a Variance to the Zoning Ordi-
nance, Article !II, Sections 100-31 and 100-36 for pemission to
construct addition to existing dwelling with reduction in sideyard
at the South side of Midway Road, Southold; Cedar Beach Park, Filed
Map NO. 90, Lot 113; further identified as County Tax Map Parcel
No. 1000-90-2-6.
// 8:05 p.m. Application of VERA GRETCHYN MARINO, One Denton
Road, Kings Point, NY 11024 for a Variance for Approval of Access
New York Town Law, Section 280A over a private right-of-way locate~
off Soundview Avenue and referred to as "Hyatt Road - Private Road
No. 18", Southold. Location of Property: 1925 Private Road ~t8,
Southold; bounded north by Neslage and Private Road; west by Lind-
meyer; by east by Reise; County Tax Map Parcel
south
L.I.
Sound;
.
1000-50-1-20.
8:15 p.m. Recessed Hearing: Application of VINCENT W.
ANNABEL, Appeal No. 2805.
8:20 p.m. Recessed Hearing: Application of NORTH FORK BANK
AND TRUST CO., Appeal No. 2987.
Dated: June 17, 1982. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linde F. Kowalski, Secretary
Instructions to newspapers: Please publish once, to wit, Thursday,
July 1, 1982 and forward one affidavit of publication to: Board of
Appeals, Town Hall, Southold, NY 11971 on or before July 7, 1982.
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'SOFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date .......................... ,19 ...'.~..
File No ................................
To ~.~...G.F.~.~.Y.h~....~. ~F.~.¥~ .
..... ~ ....... ~ ~... %.~.~ .....
....... ~'.~...~¢.~ .)..~t-.~:~...~ ~- 0 ~ ~
PLEASE TAKE NOTICE that your application dated ........................... 19 .....
LocationofPropeny i~ ,~KXV~T~ ~1~- flXg~ ~e~
h3~s; ~o'. ' ' ~ ................................... Street ~ ................. rainier
County Tax Map No. 1000 Section ~ ~ Block ~ ...... Lot ~ O
Subdivision ....... ~ ........ F~led Map No. ' Lot No. --
is returned herewith and disapproved on the following grounds...~.t)....i~. [ .L~..~ .~..~....':p..~.~...~. ).~...
~.~...~. ~.~..~.-.~.....~... T.~5...~..?~.. ~-h~. ....... 8~!~... ! .~.o.~ !y! ~ .......
Building Inspector
RV 1/80
~.1~ ~'O~VN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING iNSPECTOR
DATE....6~.ZS./.8.Z .........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of AppelJa,n~ Street and Number
Kings Point, New York New York
HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of
,...0. ~..e... ?..e..n...t..o..n.... ~..o..a...a. ................... ~.~..=..g..s., ..Lo...t.n .t' .................. ~.e..~..Z.o.~.! .........
Street and Numoer Municipality State
PERMIT TO USE
~ERMIT FOR OCCUPANCY
Approval of access
1. LOCATION OF THE PROPERTY ~,ar.cel...1.Qg.0. r..5, Qr.lr..%Q...,%.9.2.i.....P.z.~.v..¢~.e...r,o. a4...p..f f
Street ~ .Use.District on Zo0ing Map
Soundview Avenue, Southo±a, New Yortc
Moo No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section aha Paragraph of the Zoning Ordinance by number Do not quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
~ ) A VARIANCE to the Zoning Ordinance or Zoning Map
(×) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~h~ (has not) been made with respect to this decision
Df the Building Inspector or with respect to this eroperty.
Such appeal was r ) request for a special permit
( ) request for a variance
aha was mode in Appeal No ................................. Dated ............ , .........................................................
REASON FOR APPEAL
(X) A Variance to Section 280A Subsection 3 *
( ) A Variance to the Zoning Ordinance
( ) * and/or approval of exzsting access
See Reverse Side.
for purposes of building a single
Form ZB1
(Continue on other side)'
REASON FOR APPEAL Continued
1 STRICT APPLICATION OF THE ORDINANCE would proauce practical difficulties or unneces-
sary HARDSHIP because as evidenced by records held by the Town this property
was one of parcels that had previously been subdivided (see Exhibit A)
being property map and access to said subdivisions had previously been
approved. Applicant-Appellant purchased this properny in good faith
based on representations made by George H. Fisher, Senior Building
Inspector both orally and in writing, a copy of writing being attached
hereto as Exhibit B, being a letter of the Office of Building Inspector
dated September 24, 1981 which representations assured appallant that
appellant could construct a single family dwelling with no special
requiremenns by the Town for access.
2 The hardsh~createdls UNIQUE ond [snotsnorea bv all groDerties alike in the immediate
vicm~l'_ of this property aha in this use district because all of the other property owners
enjoy the use of their property by use of the existing access road and to
requir~ Appellant to improve the access roadway in any' way would be
discriminatory, unjust and create an unfair hardship on Appellant
particularly in light of representations and assurances made by the
Town of Southold, Building Department, prior to Appellant's purchase of
this property and on which representations Appellant relied prior to
purchase.
3 The variance would observe the soirit of the Ordinonce ond WOULD NOT CHANGE THE
CdARACTER OF THE DISTRICT because there are numerous existing home owners
who enjoy the use of the access road on either side of Appellant~s
properry as indicated by Exhibit A and the character of the access
roadway would remain the same.
4. Attached hereto in addition ar'e the following additional exhibits:
Exhibit C: Letter of Inquiry to Building Department, Town of Southold
from Appellant dated September 8, 1981 to which Exhibit B is response~
Exhibit D: Letter dated October 6, 1981 from New York State, De~artmenn
of Environmental Conservation.
Exhibit E: Environmental Assessment form and letter.
Exhibit F: Survey with proposed building.
5. In addition requirement to conform to Section 280-A ~%~1 in effect,
thwart contemplated sale of said property under agreed terms to bona
fide purchaser Howard Rosenstone and ~$~lcause excessive~damages to
Appellant particularly in view of Appellant's reliance ~% prior
~.s~_r~n~e~,q~e ~uilding Department their agents~ ser¥~nts and/or
b~AIt U~ ~vv ~mp~O~seeS of the Town of Southold. ~..~
COUNTY OF NASSAU ) Signature
VERA GRETCHYN MARINO
Sworn rn this .................. 15.t~h ................ do~ of..J, nz~e ............................................. 19 82
............
Notary Public
./
.HEALTH OEPT
~T._ATEMENT~OF I~ ~ ·
THE WATER SUPPLY AND SEWAGE DISPOSAL
DATE:
APPROVED
DEPT OF HEALTH
APPROVAL OF
DEED:L P.
SEAL
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
July 17, 1982
Vera Gretchyn Marino,
One Denton Road
Kings Point, NY 11024
Esq.
Re: Appeal No. 3006
Dear Miss Marino:
Attached herewith is a copy of the determination of the board
rendered this date concerning your variance application for approval
of access.
If you have any questions, please do not hesitate to call.
Yours very truly,
Enclosure
Copy of Decision
to Building Department
GERARD p. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
PLANNING BO^I~D
MEMBERS
John W;¢kham, Chairmen
H~old R. Reeve
~enry ~.~t~
Alffred Grebe
T. Paul Montgome~
December 4, 1957
REPORT TO: SOUTHOLD
Gentlemen:
This is to certify that the following action was taken by the
Southold To~m Planning Board on December 3, 1957:
Application of Robert L. Hyatt of Hortonls Point, Southold, ~. Y.,
to establish an Open Development ~rea under the provisions of Section
280-a of the Town Law of the following property: Lot north of Roussin
lot on west side of right of way on Revised ns~ of property of ~'alter
M. ~att, dated 1/18/55. Description of right of we.y: 30' right of way
running North from Sound View Avenue.
It was the determination of the Plslming Board ttmt they recommend
to the Town Board aoproval of the right of way as it st~uds.
Very truly yours,
o .~ickham, Ohairms~x
SO~THOLD TO;'fN PLA~.~ING BOndeD
r~C.
455
MEETING OF D~CEhBER 19~ 1957.
The ~outhold Town Board met at the office of Supervisor Norman E. Klipp
at Greenport~ on Thursday, December 19~ 1957. The meeting was called
to order at 7:30 P.M. with the followinf present: Supervisor Norman E.
Klipp; Councilman Albertson; Justices Tuthill~ Clark and Demarest and
Town Attorney Terry.
In the absence of Town Clerk Booth~ the minutes were taken by Council-
man Lester M. Albertson.
Florence Ziegler appeared before the Town Board regarding the application
for renewal of a Trailer Camp permit. After a lengthy discussion, it was
further decided that permit would not be issued until such time as all
provisions of existing Trailer Camp Ordinance be complied with.
Moved by Justice Clark; seconded by Jus~ce Tuthill;
RESOLVED: That the petition of Arthur Mehl for a change of zone from
"A" Residential and Agricultural District to "B" Business District be
and hereby is granted.
Vote of town board: Ayes-Supervisor Klipp; Councilman Albertson; Justices
Tuthill, Clark and Demarest.
Moved by Justice Demarest; seconded by Justice Clark;
RESOLVED: That the petition of Jack and Irving Levin for a ch~n~e of
zone from "A" Residential & Agricultural District to "B" Business District
be and hereby is granted.
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson; Justices
Tuthill~ Clark and Demarest.
Moved by Councilman Albertson; seconded by Justice Demarest:
WHNREAS, the Southold Town Planning Board has prepared an official report
and recommendation upon the petit%on of (1) Hera. y G. and Ivy C. Stenson
(2) Veronica Frohne and (3) Charles M. King fo~ change of zone from "A"
Residential & Agricultural District to "B" Business District,
NOW, THEREFORE, BE IT RESOLVED: That a public hearing will be held by
the Southold Town Board at the Superviosr's Office at Greenport, on
Tuesday~ Jan. 21~ 1958, at 7:30 P.M. on the proposals of Henry G. Ivy
C. Stenson~ Veronica Frohne and Charles M. King.
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson; Justices
Tuthill~ Clark and Demarest.
Moved by Justice Tuthill; seconded by Justice Demarest:
kqTEREAS~ Winifred and Ellsworth Grath~ohl have made application to the
Zown Board for the establishment of an open developement area pursuant
to the provisions of Section 280-2 of the Town L~w~ and
h~EREAS~ the Town Board has heretofore referred the matter to the Plan-
ning Board for its advice~ and
~EREAS, ~he Planning Board has recommended that ~he ap~l~c~tion of
Winifred and Ellsworth Grathwohl be granted~
NOW~ THEREFORE~ BE IT RESOLVED: That the Town Board of the Town of South-
old does hereby establish an open developement area over the premises
of Ellsworth and Winifred Grathwohl as shown forth on the map attached
to the ~pplic~tion.
Vote of Town Bo*rd: Ayes-Supervisor Klipp; Counnilman Albertson; Justices
Tuthill, Cl~rk and Demarest.
Moved by Justice Clark; seconded by Justice Demarest:
W~EREAS, Robert L. Hyatt has made application to the Town Board for the
estsblishment of an open developemant area pursuant to the provisions of
Section 280-a of the Town Law, and
%CHEREAS, the Town Board has heretofore referred the matter to the Planning
Board for its advice~ and
WHEREAS, the ?lanuing Board has recommended thct the application of
Robert L. Hyatt be granted~
NOW, THEEEFORE, BE IT RESOLVED: That the Town Board of the Town of South-
old does hereby establish an open developement area over the premises of
~obert L. ~yatt as s~own forth on the map attached to the application.
'Vo=e o~-~'o~n Board: Ayes-Supervisor Klipp; ~ouncilman Albertson;
Justices Tuthill~ Clark and Demarest.
SUFFOLK COUNTY DEPT. OF HEALTH
SERVICES -- FOR APPROVAL OF
CONSTRUCTION ~,lky
DEED:L. P
SEAL
' ~..biic hearing
:~ma'dz~ataold Town Board of
.;~,p~hals at the Town Hall,
:,l~in Road, Southold, NY on
"~l~l~rsday, July 8, 1982 cem-
.... ra~cing at 7:30 p.m. and as
follows:
Z:aticih30 P.M. Application of
7 '~-::~ E H'tl GOLDEN
b,~ne~,C-1445 Bay Shore Road,
~(lri~aport, NY for a Variance
?rdina~he Zoning Ordinance,
)Q~dide III, Sections 100-31 and
1~D-36 for approval of the
:~VO~l~Uction of swimmingpool
i ~tiMeek with insufficient side
;e¢:~ rear yard setbakes at
l~eRayshore Road, Green-.
~p{~, ll~y; hounded north by
~i~Cove; West by O'Brien;
:~iultlthy Bay Shore Road; east
ky ll~ehler; County Tax Map'
Pa?cci No. 1000-53-4-4. -
~tic~35 P.M. Application of
t~I~RGARET DELLANNO, by
Re~s~elaer G. Terry, Esq.,
l~,tk~Road, Southold, NY for a
:,~,~a~ice to the Zoning Ordi-
~ Article III, Section
milfflb60A & B for permission to
: ! u~s~q~ru-existing tourist-home
~.atta~d to a three-apartment
~bu~kling for use as throe-
dwelling apartments in this
~:~fltmidential and Agricultural
-~apm~ Location of Property:
~d54~.5 County Road 48 and 50
A,(ll~k~Road, Southold; bound-
~ds~ca'th by Corey; west by
tE~rk-Road; south by C.R. 48;
~e~t~y Aurichio; County Tax
't~p%parcel No. 1000-135-2.
7.1.
:¢adog:4$ P.M. Application for
.:r'RaROLD E. WALTERS, by
Z~qRic~ard J. Cron, Esq., Main
N'Roi~d, Cutchogue, NY for a
~ariance to the Zoning Ordi-
nance, Article X], Section
lg0-115 for approval of suit,
r~lle screening around the
~btphery of the existing
~llltkyard located at 400 No-
:!ckoalis Road, Southold; more
l~t~lcularly known as County
'Z'l~a~Map District 1000, Section
T6, Block 3, Lot 20 at Laughing
Waters. -
7:50 P.M. Application
GEORGE H. AND BEVERLY
G. BOEHLE, Woodcliff Drive,
.~;:.' ~- ~vlattituck, NY for a Variance
Oretb the Zoning Ordinance,
10¢Article III, Section 100-31 for
approval of insufficient area
and depth of two parcels
. located at Wesp4ew, May-'
l~ower and Woodcliff Drives;
Mattituck; bounded north by
Westview Drive; west by
Woodcliff Drive; south by
I Delisle Inc. and Orlowski;
~east by Mayflower Road;
~ 'Cou~I~y' Tax Map b(os. i000~
107-8-24 and 11. '
· :!k 7:55 P.M. Application of
B. PAUL AND BARBARA
-m L£ARY, 165 Second Street(
cy l~ew Suffolk, NY for a
c' I/ariance to the Zoning Ordi;
:~. n~nce, Article Ill, Section
~.~100-31' for permission to'
...._;t ,construct deck addition with
,~:~/ lasulttcmnt s~cleyard setback
: r g siaad rebuild existing steps) at
' ' -et165 Second Street, New
~ :d ~uffolk, NY; bounded north
:'.[.:'¢:;~fi~y ]~gsley; west by Martin;
--..~,7~. ~s~uth by Brophy; east
'~'~.~_"~.'~.~.~6a~ecend Street; County Tax
."t0/~hp Parcel No. 1000-117-10-
Eciror, of T,-iE LONG Ti~[~VELER-WATCHMAN,
a public newspaper printed at Southold. in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
/'
man once each week for ........................................ weeks
successively, commencing on the /
/ ~. /.c/ ~ i -~ k.
....,--... -
Sworn to before me this ~' f
.................... ).:... Notdry Public ' ~,
CLEMENT J, THOMPSON
NOTARY rueuc, sfas d ~ Y~
No. 52-9321725
Reddin8 in Suffelk County
8:00 P.M. Application of
WILLIAM E. AND PAUL
.TUITE, 1777 Harvard Avenue,
Merrick, NY 11566 for
Variance to the Zoning Ordi. I
nance, Article III, Sections [
1.00-31 and 100-36 for permis- [ ·
stun to construct addition to' i
existing dweBing with reduc-
tion in sideyard at the South
side of Midway Road, South-.
old; Cedar Beach Park, Piled.
Map No. 90, Lot 113; further
identified as County Tax Map
Parcel No. 1000-90.2-6. ' '
/~ 8:05 P.M. Application of
VEIL& GRETCHYN MARINO,
One Denton Road, Kings
Point, NY 11024 for a Variance
for Approval of Access, New
York Town Law, Section 280A
over a private right-of-way
located off $oundview
and referred to as "Hyatt
Road - Private Road No. 18",
5outhold. Location of Proper-
t7:1925 Private Road #18,
Southold; bounded north by
Neslag~,,atid,~ Private ',Road;
west by Lindmeyer; south by i
L.I. Sound; east by Reise,~
~County Tax Map Parcel No.[
k~000-50-1-20.
-- 8:15 P.M. Recessed Hear-
lng: Application of VINCENT
W. ANNABEL Appeal No.
2805.
8:20 P.M. Recessed Hear-
ing: Application of NORTH
FORK BANK AND TRUST
CO., Appeal No 2987.
Dated: June 17, 1982
BY Order of the $outhold Town
Board of Appeals i
Gerard P. Goehnnger,
Chairman
By Linda F. Kowalski,
Secretary
IT-7/1/82 (28)
LEGAL NOTICE
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Seutbeld,
the following matters will be
held for public hearing by the
Southold Town Board of
Appeals at the Town Hall,
Main Road, Southold, NY on
Thursday, July 6, 1982,
commencing at 7:30 p.m. and
as follows:
7:30 p.m. Application of
ANNETTE GOLDEN
CARNES, 1445 Bay Shore
Road, Greenport, NY for a
Variance to the Zoning Ordi-
nance, Article III, Sections./
100-31 and 100-36 for approval
of the construction otswim-
mingpool and deck with
insufficient side and rear yard
setbacks at 1445 Bayshore
Road, Greenport, NY;
bounded north by Pipes Cove;
west by O'Brien; south by Bay
Shore Road; east by Koehler;
County Tax Map Parcel No.
1000-53-4-4. f'
7:35 p.m. Application o
MARGARET DELLANNO, by
Rensselaer G. Terry, Esq.,
Main Road, Southold, NY for a
Variance to the Zoning
Ordinance, Article III, Section
100-30A & B for permission to
use preexisting tourist-home
altered to a three-apartment/
building for use as three-
dwelling apartments in this A-
Residential and Agricultural
Zone. Location of Property:
51255 County Road 4S and 50
Clark Road, Southold;
bounded north by Corey; west
by Clark Road; south by C.R.
48; east by Auriehio; County
Tax Map Parcel No. 1000-135-
2-7.1.
7:45 p.m. Application for
HAROLD E. WALTERS, by
Richard J. Cron, Esq., Main
Road, Cutchogue, NY for a
Variance to the Zoning Ordi-
nance, Article XI, Section 100-
115 for approval of suitable
screening around the
periphery of the existing,/
lunkyard located at 400
Nokomis Road, Southold;
more particularly known as
County Tax Map District 1000,
Section 76, Block 3, Lot 20 at
Laughing Waters.
7:50 p.m. Appliation of
GEORGE lt. AND BEVER-
LY G. BOEHLE. Woodcliff
Drive, Mattituck, NY for a
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31 for approval of insufficient
area and depth of two parcels
located at Westview,
Mayflower and Woodeliff
Drives, Mattituek; bounded
north by Westview Drive;
west by Woodcliff Drive; ·
south by Delisle Inc. and./
Orlowski; east by Mayflower
Read; County Tax Map No~.
1000-107-8-24 and 11.
7:55 p.m. Application of'
PAUL AND BARBARA
LEARY, 165 Second Street,
New Suffolk, NY for a
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31 for permission to construct
deck addition with an insuf-
ficient sideyard setback (and
rebuild existing steps) at 165
Second Street, New Suffolk,
NY; bounded north by
Pugsley; west by Martin;
south by Brophy; east by
Second Street; County Tax
Map Parcel No. 1000-117-10-
20.5.
8:00 p.m. Application o.f
WILLIAM E. AND PAUL A.
TUITE, 1777 Harvard Avenue,
Merrick,~NY 11566 for a
Variance to the Zoning
Ordinance, Article III, Sec-
tions 100-31 and 100-36 for
permission to construct addi-
tion to existing dwelling with
reduction in sideyard at the
South side of Midway Road,
Seuthold; Cedar Beach Park,
Filed Map No. 90, Lot 113;;
further identified as County
Tax Map Parcel No. 1000-90-2-
,t~:05 p.m. Application of%
VERA GRETCHYN MARl-
NO, One Denton Road, Kings
..g. oint, NY 11024 for a Variance
for Approval of Access, New
York Town Law, Section 2~0A
over a private right-of-way
located off Soundview Avenue
and referred to as "Hyatt
Road - Private Road No. 16",
Southold. Location of
I Property: 1925 Private Road
' #16, Southold; bounded north
by Neslage and Private Road;
west by Lindmeyer; south by
L.I. Sound; east by Reise;
County Tax Map Parcel No.
1000-50-1-20. -
8:t5 p.m. Recessed
Hearing: Application of
VINCENT W. ANNABEL, Ap-
peal. No. 2805.
8:30 p.m. Recessed
fNearing: Application of
ORTR FORK BANK AND
TRUST CO., Appeal No. 2987.
Dated: June 17, 1982.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski,
Secretary
//1TJyl~O01
COUNTY OF SUFFOLK, l
STATE OF NEW YORK, } ss:
.??.O.y...GU. ?.~..ay.8..o.n. ................... being duly Sworn,
soys that .h..e ..... is Printer and Publisher o! the SUFFOLK
WEEKLY TIMES, u newspaper published ~t Greenport, in said
county; and that the notice, o! which the mmexed is ~ printed
copy, h~s been published in the said Suffolk Weekly Times
once in each week, tot ....... One ................ weeks
successively oommencing on the ..... 1~.~. .................
day o! ....... July 82
·
Sworn to before me this _
aoy of .... y. ........ Is.Sa.
.............. .....
HELEN ~ DE vnE
NOTARY PUBLIC. State Ot
No 4107871, Sutfllk Ceunt~
lelm Exp~es March 30, 19~[.~
Copies of the Legal Notice for July 8, 1982 to the following on
or about June 28, 1982:
L.I. Traveler-Watchman
Suffolk Times, Inc.
Town Clerk Bulletin Board
Abigail A. Wickham, Esq. for A. Carnes and NFBTC
Ms. Annette G. Carnes
Rensselaer G. Terry, Esq. for M. Dellano
Ms. M. Dellano
Richard J. Cron, Esq. for H. Walters
Mr. and Mrs. George H. Boehle
Mr. and Mrs. Paul Leary
Mr. and Mrs. Wm. E. Tuite at Merrick and Southold
Vera G. Marino, Esq. at Kings Point
Mr. Vincent W. Annabel, Stillwater Avenue, Cutchogue
Southold Town Boa
Appeals
July 8, 1982
ENVIROMENTAL DECLARATION: Appeal No. 3006. Application
of VERA GRETCHYN MARINO. Variance for approval of access over
a private r-o-w.
On motion by Mr.
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Vera Gretchyn Marino:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II Action,
not having a significant adverse effect upon the environment
for the following reason(s):
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: Soundview Avenue and referred to as
"Hyatt Road", Private Road #18, Southold, NY.
Vote of the Board: Ayes:
K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR Ol VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
June 17, 1982
To;
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 3006 application of Vera Gretchyn
Marino for a variance. Also included are notification to adjjoing property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal
Wetlands Land-Use;
survey.
JTT/bn
Enclosures
Notice of Disapproval from the Building Department; and
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultiesor unneces-
sary HARDSHIPbecause as evidenced by records held by the Town this property
was one of parcels that had previously been subdivided (see Exhibit A)
being property map and access to said subdivisions had previously been
approved. Applicant-Appellant purchased this property in good faith
based on representations made by George H. Fisher, Senior Building
Inspector both orally and in writing, a copy of writing being attached
hereto as Exhibit B, being a letter of the Office of Building Inspector
dated September 24, 1981 which representations assured appallant that
appellant could construct a single family dwelling with no special
requirements by the Town for access.
2 The hardshipcreated is UNIQUE and isnot shored by all properties alike in the immediate
viciml'y ofthis property andinthis use district because all of the other property owners
enjoy the use of their property by use of the existing access road and to
require Appellant to improve the access roadway in any way would be
discriminatory, unjust and create an unfair hardship on Appellant
particularly in light of representations and assurances made by the
Town of Southold, Building Department, prior to Appellant's purchase of
this property and on which representations Appellant relied prior to
purchase.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because there are numerous existing home owners
who enjoy the use of the access road on either side of Appellant's
property as indicated by Exhibit A and the character of the access
roadway would remain the same.
4. Attached hereto in addition are the following additional exhibits:
Exhibit C: Letter of Inquiry to Building Department, Town of Southold
from Appellant dated September g, 1981 to which Exhibit B is response.
Exhibit D: Letter dated October 6, 1981 from New York State, Department
of Environmental Conservation.
Exhibit E: Environmental Assessment form and letter.
Exhibit F: Survey with proposed building.
5. In addition requirement to conform to Section 280-A ~t in effect,
thwart contemplated sale of said property under agreed terms to bona
fide purchaser Howard Rosenstone and ~$~lcause excessive/damages to
Appellant particularly in view of Appellant's reliance ~n prior
~,~ramce. s..Q~he ~uilding Department their agents, ser~nts and/or
emp~o~es of the Town of Southold. ~ -
COUNTY OF NASSAU ~ .................................. ~i~gi~;'"~ ........................
VERA GRETCHYN MARINe
Sworn tn this ................... 15.t,h .................. day of..,Iune .............................................19 82
Notary Public
~otnmts~ion r~m~re~ Iul,,r~ 30. 198~
I IClIVED
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~
DATE ....6.J.z b./.8.2. .........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appellant Street and Number
Kings Point, New York New York
......................................................................................................................... MER£BY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of
.o. ................... .o...%m% ................. .........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Approval of access
1. LOCATION OF THE PROPERTY ~ar.cel...1.QO.Q.~3.Q=.l=.ZO....,1.9.2~......Br.~.v.A~...~.o.a.~...g.ff
. , Stre. et . ~ .Us~, J~Jstcj, ct on.. ZoDing Mop
~ounoview Avenue, ~outho±a, mew ~orK
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,)
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal J~'~ (has not) been mode with respect to this decision
of the Building Inspector or with respect to thi~ property.
Such appeal was ( ) request for a special permit
( } request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
(X) A Variance to Section 280A Subsection 3 *
) A Variance to the Zoning Ordinance
) * and/or approval of existing access
,s requestuJae~o!r]tl~e ~Ju~T:/Jc~- ~
See Reverse Side.
for purposes of building a single
Forth
(Continue on other side)
iSI,.AND
L,O~JG
OUTHOLD PARK DIST.
t ~) COUNTY OF~FOLK ~'"~"~UTHOLD
Real Property Tax Service Agencyl
Counly Cen~e~ ~ .... (~ J~O
TO N OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
September 24, 1981
Veva Gvetchyn Marino, F. C.
Attorney & Counselor-at-Law
One Denton Road
Great Neck, New York 11024
Re: Letter of September 8, 1981, ?arcei 1000-50-~,20,
Ronald and Faula Fettit (owners)
1925 Frivate Road #18, Hyatt Road, Southold, New York
Dear Attorney Marino:
This lot is a Single and Separate Lot with a pre existing
garage located next to the Right of Way - property line.
Referring to the proposed house shown on the survey, it
has sufficient side yards. The survey was for Donald Fettit mapped
November 11, 1980 by Van Tuyl F. C. It is advisable not to
locate the house to close to the edge of the bank due to possible
erosion in the future.
Since it is within 300 feet of the water, you should contact
the D. E. C. and receive a statement if you do or do not need a permit
from them. D. E. C. is New York State Department of Environmental,
Address is Bld. 40, Room 219, SUNY Campus, Stonyb~ook, New York
11794 or call 516-751-7900.
If there is any further questions, feel free to contact us.
Yours truly,
GEORGE H. FISHER
SR. BUILDING INSFECTOR
GHF:jd
EXHIBIT B
September 8, 1981
Building Department, Town of
P. O. Box 728
Southhold, New York 11971
Southhold
Attention: George Fischer, Esq.
Dear Mr. Fischer:
In accordance with telephone conversation of today, please
confirm that the undersigned will have the permission of
the Town of Southhold and the Building and Zoning Departments
to construct a one-family dwelling on the parcel identified
on the enclosed copy of survey and described in the legal
description and the general location of which is indicated
on the road map attached.
I understand that this parcel bears tax map number 100050-120.
Kindly advise so that I may be guided'accordingly with regard
to prospective purchase of this pr¢)erty, which is under contract.
EXHIBIT C
I-~; YORX S~ATE ~EP~R~P~I%~ OF F~JZIR~.,{~TCAL O3L'~2.ArATIOST
Regulatory ~£airs
Bldgo 40, SU!~f - ~ 219
Stony Ik~ok, I.~ York 11794
(516) 751-7900
As a result of your in~liry c~cerning the a_hove referenced parcel, this
Depa~bt-ent has conducted an. on-site ' _/nspection. ~Je have fo~d ~he ~ or
(proiect) to be k~~ O~-r~£ ~Po~fz~(c_ Cfe~
· l.~ere~ore, pul~uant to Part 661, Official C~,ipl±ation of O~des, Rules
am~ P~. ~latio~ of the State of I~4 York~ Section 661.4 (b), no pe/T~t %~der
.,Article 25 (TJS~] ~'~tlands) of the Enviror~,~ntal Conservation Lm~ is read-ed.
Very truly yours,~
DANI.~. J. ~T2%RKI~
l~egional Permit Administ~-ator
EXHIBIT D
(Today's Date)
To: Southold Town Board of Appeals '
Main Road
Southold, NY 11971
Re: Appeal Application of YERA GRETCHYN MARINO
Location of Property: Parcel 1000-50-1-20 1925 private road
off Sound¥iew Avenue,
Southold, New York
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property iQ the within appeal application:
SEE EXHIBIT D: Letter dated October 6, 1981 from New York Sta.te, Department
. ' (p~e~se check.one box)
of Envlronmenra± ~onserva~lon.
[ ] May be located within 300 feet of tidal wetiands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May b~ 'located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
-[ ]
not appear to
EXHIBIT E
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located within 300 feet of tidal wetlands;
.and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours, '
(Si~nat~se)
VER~G~ETCHYN MARINO
? INSTP, UCTiOHS:,
-- (o) In order to
EHV ~_~P, OF~h{E H7 A,L ASSESSHENI
answer the questions in this short EAF it is assumed
that the preparer ¥/ill use. currently avoiIoble information concerning the
project and the likely impacts of the action. It is not expected that
addltionol studies, research or other investigations ;viii be undertaken.
(b) IF any question has been answered Yes the project may be
signi£icont and a completed Environmental Assessment Form is necessary.'
(c) If all questions have been ons¥1ered No it is likely that this
is not significant. .7..~
I. W±II pro,oct resu~ in o large physical change . "
to the project site Or physicaiIy oite~ more
than l0 acres of iond? Yes×
2. ¥iiil there'be o major change to any unique o~
-unusual land form ~ound on the site? .......... Yes×
3. ¥1ili projec~ oiter or hove o iorge' e~fec%'on
existing body of water? ....................... Y~s×
4. Will project hove a potentiaiiy iorge impact ..
on groundwater quoIity? ....................... Yes, X'No_
5. WiI1 projec~ slgnificontiy e~ec¢ drainage
~1o¥~ on adjacent sites? ' Yes× No
6. ¥~iI1 project affect any threatened or
endangered plant or animal species? ........... _. Yes.. ~
7. ¥/ill project resuIt in o major adverse ef~.~¢ '"
on air quaiity? - ' Yes×
8. ¥lili project hove o me,or e{~act on visual
character of the community or scenic views o~
vistas known to:be important to the community?. 'Yes. ×'~o
9. ¥till project o'dversely impact any site or .-
structure o{ historic, prehistoric or
paleontological importance o~ any site "
designated os o critical envlronmentoi oreo
by o locoi agency? ............... Yes
)0. ~ill project hove o major effect on ex~s¢ihg
or future recreational opportunities? ......... Yes. X
"Il. ¥tili project ~esult in.~ojor traffic problems
o[ cause o major el{oct to ex.isting
transportation systems? ....................... , Yes. ~ No
12. 1'/il! project .regularly cause objectionable
odors, noise,' glare, vibration, or electrica~
disturbance os a result of the project's
operolion? : Yes x No
13. YZill'project hove on), i~poct on public health
or.sofe~y? .................................... Yes × No
1~. %?ill p~oject affect the existing community by '
'. - directly causing o growth in permanent
: % population of more than 5 percegt over o one
year period or hove o major negative effect
on the character of the community or
neighborhood? ............................... Yes x No
pro,eot? ....... { ............. ~ ............. ¥e5 X .No
PREPARER'S SIGNAIU'RE
REPRESEHT]NG_ Vg~A ¢~gTCHYN ~A~INO DATE June 15, 1982
TO~gN OF SOUTI~OLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
September 24, 1981
Vera Gretchyn Marino, F. C.
Attorney & Counselor-at-Law
One Denton Road
Great Neck, New York 11024
Re:
Letter of September 8, 1981, ?arcei 1000-50-1-20,
Ronald and ?aula ?ettit (owners)
1925 Frivate Road #18, Hyatt Road, Southold, New York
Dear Attorney Marino:
This lot is a Single and Separate Lot with a pre existing
garage located next to the Right of Way - property line.
Referring to the proposed house shown on the survey, it
has sufficient side yards. The survey was for Donald Fettit mapped
November 11, 1980 by Van Tuyl P.C. It is advisable not to
locate the house to close to the edge of the bank due to possible
erosion in the future.
Since it is within 300 feet of the water, you should contact
the D. E. C. and receive a statement if you do or do not need a permit
from them. D. E. C. is New York State Department of Environmental,
Address is Bld. 40, Room 219, SUNY Campus, Stonybrook, New York
11794 or call 51'6-751-7900.
If there is any further questions, feel free to contact us.
Yours truly,
GEORGE H. FISHER
SR. BUILDING INS?ECTOR
GHF:jd
EXHIBIT B
September 8, 1981
Building Department,
P. O. Box 728
Southhold, New York
Town of Southhold
11971
Attention: George Fischer, Esq.
Dear Mr. Fischer:
In accordance with telephone conversation of today, please
confirm that the undersigned will have the permission of
the Town of Southhold and the Building and Zoning Departments
to construct a one-family dwelling on the parcel identified
on the enclosed copy of survey and described in the legal
description and the general location of which is indicated
on the road map attached.
I understand that this parcel bears tax map number 100050-120.
Kindly
to prospective purchase of this pr~erty, which is
Veryl~ruly yours,
.
advise so that I may be guided'accordingly with regard
under contract.
EXHIBIT C
P~gulatory Affairs
Bldg. 40, S%~.~ - ~ 219
Stony Brook, I,~ York 1/794
(516) 751-7900
O~ tot
AS a result of your inquiry ccncern/ng the above r~fe~-~ced parcel, this
Depa~h,=nt has conducted an on-site _/nspection. We have fo~d ~he ~ or
%nererore, pursuant tD Part ~5£, O~.lclal c~llatic~ of Cbdes, Rules
and Regula~ of the State of I~4 York~ Sectia~ ~61.4~), no permit under
.Are~e-le 25 (T/8~1 ~'~tlands) of the Envi~-u:,,~ne~l Conservaticn L~ is re~ed.
Very truly _vours,~
DAN ~ .:~. J. T_ARKI~
Regional Permit Admin~t~=~or
EXHIBIT D
(Today's Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of
Location of Property:
off $oundview Avenue,
VERA GRETCHYN MARINO
Parcel 1000-50-1-20 1925 private road
Southold, New York
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property i~ the within appeal application:
SEE EXHIBIT D: Letter dated October 6, 1981 from New York State, Department
~ (please check.one box)
of Environmental Conserva/lon.
[ ] May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May ~e iocated within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
'on the premises.
-£ ]
not appear to
EXHIBIT E
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours, '
(Si~nat red'please)
VER~G~ETCHYN MARINO
SHORT EHVIRONMENTAL ASSESSHENI
INSTRUCTIOHS: . ·
~ (o) In' order to answer the questions in this short EAF it is assumed
that the preparer wili use. currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) IF any question has been answered Yes the pro)eat may be
significant and o completed Environmental Assessment Form is necessary.
(c) ZF oZZ questions have been answered No it is }ikely that this
project is not signi£icont. ...
(dj Environmental Assessment ''
}. I'/~L~ project result in o large physica} change "
to the project'site Or physically alter
'Yes× No
'~and?
than ~0 acres of ........................
2. I'l~ there'be a major change to any unique or
-unusua~ ~and form found on the site? .......... Yes×
3. Will project alter or hove o large' e~ect on
existing body o~ water? ....................... Y~,X No
4. Will project hove a potentially large impoc~ ...
on groundwater quality? ....................... Yes ~'No ....
5. Will pro~ect significantly effect drainage
flow on adjacent sites? · YesX No
~. Will pro~ec~ affect any threatened or
cndongered plant or animal species? ........ ..._ Ye~, ~ No
7. Will pro~ect result in o mo~or adverse
quality? · Yesx No
on Oir ........................ · .....
8. Will pro~ect hove o mo~or e~Fact on visual
character of ~he community or scenic views or
vistas known to,be important to the community?, 'Yes
?. Will pro~ect o'dversel>' impact any site or .-
structure a{ historic~ prehistoric or
paleontological importance or any site
designated os o critical environmental o~eo
by local agency? -- Yes X No
lO. Will pro~ect hove o mo~or effect on ex~stih9
or future recreational opportuniti~s?.~ ......., Yes. × No
~11. Will pro~ect result in.mo~or traffic problems
o~ cause o mo~or affect to ex.isting
~ronsportotion systems? ....................... , Yes. X No
12. Will pro~ect .regularly cause objectionable
odo~s~ halsey' glore~ vibrotion~ or electrical
disturbance as o resul~ of the pro~ect's
opero~ion? : Ye~ X No
lB. Will'pro~ect hove on>, i~poct on public health
ar.safety? .................................... Yes x No
l~. Will p~o~ect affect th~ existing community by '
'. directly causing o growth in permanent
~ population of more than 5 percept over o one
year period or hove a mo~or negotlve effect
on the character of the community or
neighborhood? ............. Yes X No
project? ....... ~....... ...... ~ ......... ~ Yeses .N°
PREPARER'S $]ZNATU'RE
~EPRESEItT]NG ¥[RA G~TC~¥~ ~A~I~O DATE ~u.e 15, 1982
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
VERA GRETCHYN MARINO :
to the Board of Appeals of the Town of Southold :
TO: OTTO LINDERMEYER,
MICHAEL REISE,
VERA NESELAGE,
NOTICE
TO
ADJACENT
PROPERTY OWNER
Southold, New York 11971
Box 38, Southold, New York 11971
Box 844, Southold, New York 11971
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (the following relief:
Apprnv~l nf ~wi~ring ~ road ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribedasfoUows: For~r P,~r Prnperry, Tn× ~/
See attached plot plan
3. That the property which is the subiect of such Petition is located in the following zoning district:
4, That by such Petition, the undersigned will request the following relief: Approval of existi('g
access road [_
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are RzT~Lcle ~n~ ~ct~on 3
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: .~'11n~ I 5; 1 qg? ·
VERA GRETCHYN MARINO
Petitioner
Post Office Address
K±n~s Point, New York
NAME
PROOF OF MAILING OF NOTICE
ATTACH, CERTIFIED MAIL RECEIPTS
ADDRESS
OTTO LINDERMEYER Southold, NeW York 11971
MICHAEL REISE Box 38, Southold, New York 11971
New York 11971
p 351 208 145
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE ~OVlDEO--
NOT FOR INTERNATIONAL MAIL
Vera Neselage
Southold, NY
REST RIOT ED bELIVER~
?
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS,:
TOTAL POSTAGE AND FEES
POSTMARK OR DATE
FRIEDA POWELL , residing at 38 Schulz Street, Westbury,
New York , being duly sworn, deposes and says that on tl~e 1 ~ r ~ay
of Jun e ,19 8 2 ~, deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of 5outhold; that said Notices were mailed at the United States Post Of-
fice at ~ ~ ~ ^. ~ ~ ..., ~T .... v,, ~-~ ; that said Notices were mailed to each of said persons by
( cer t i fie d ) ~ ~j~ ~j~E ~n-a ,,i.~
/
Sworn to before me this
day of .Ti,ne , 19
~lotary Public
16th
~2
Frieda Powell ~'
Ilelll~ Pl~flle,, State of NIl/~111 t
Nm 30-4631419 · ~
~in Nassau Coul~ ~ /
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
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To ~fff F~J~ ~-~rz'T C ~ ,
....... ~.~ ~ .... ~.~.~ .....
....... ~.7.~...~¢.~.~T .)..)~..~:~...t ~ ~ y
PLEASE TAKE NOTICE that your application dated ........................... 19 .....
Location or Pro~eny I~25 ,~x~e ~.~..~.X.~.~...~p~Tff.O.~ .....
~s~ ~o~ ' ' ~ ............ Street z Hamlet
County Tax Map No. 1000 Section ~ ~ . Block I .... Lot ~ O
~ Fil dMapN L tNo
SubdMsion ................. e o ................. o ..................
is returned herewith and disapproved on the follow~g grounds ..~ ~...~[~ ~ ~ .. ~.~.~ .*~.-
~.~..~.g.~9.-.,... ~..7~.~..~.~.. 5.h~. AeL~...~¢¢.:(~.
Building Inspector
RV 1/80
· (~ARY FLANNER OISEN
COUNSELLOR AT LAW
June 3, 1982
Dear Linda:
Re: Marino to Rosenstone
File # 3260
Parcel 1000-50-1-20
Let this confirm that George Fisher has indicated that Sec. 280A access
variance may be required in the above. I ,am representing a client who is
purchasing same and both the seller and the purchaser have inquired as to
what improvements, if any, will have to be made to the access road. I would
appreciate if the Zoning Board engineer would make an inspection right away
and advise me as to whether improvements will be required and the nature of
of same.
I personally inspected the access yesterday and, as you are aware, there are
numerous houses already in existence off said rich t-of-way and it seems in-
equitable to require the owners of the subject premises to make improve-
ments for the benefit of all since apparently the Town has never required any
other home owner to make improvements.
I understand the Zoning Boa{d will be meeting over the~d and that
this matter will be discusse~.
Many thanks for your cooperation.
Very tru~y~rs, ~~
GFO/ra
Southold Town Zoning Board of Appeals
Town Hall
Southold, New York 11971
cc:
Howard Rosenstone
Vera Gretchyn Marino
First Towne Realty
sOO
'~ Real ProD~